Sargsyan v. Gonzales
Opinion of the Court
MEMORANDUM
Armen Sargsyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir. 2000), and we deny the petition for review in part and dismiss in part.
The BIA did not abuse its discretion in denying Sargsyan’s untimely motion to reopen because Sargsyan faded to establish prima facie eligibility for asylum or withholding of removal based upon changed country conditions in Armenia. See Mendez-Gutierrez v. Ashcroft, 340 F.3d 865, 869-70 (9th Cir. 2003) (“prima facie eligibility for the relief sought is a prerequisite for the granting of a motion to reopen”).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Armen SARGSYAN v. Alberto R. GONZALES, Attorney General
- Status
- Published